If my husband and I own half of a duplex, must our neighbor allow access to our contractor so that they can make repairs on our behalf?

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If my husband and I own half of a duplex, must our neighbor allow access to our contractor so that they can make repairs on our behalf?

We recently had storm damage that required a new roof, gutters and metal work. Our home is 2 stories while our neighbors is 1. She is refusing to let the hired contractor access to her side in order to fix the gutters. Do we have any rights that alllow us access in order to fix our home?

Asked on September 27, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you have some easement allowing access to your neighbor's property so that repairs to your unit can be made and if there are no recorded covenants, conditions & restrictions allowing you access to the adjoining property, legally you cannot have your contractor go onto the neighbor's property to make the needed repairs if the neighbor refuses.

I suggest a face to face request with the neighbor setting forth your need and reasons for such may help the situation.


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